Chuks Okocha, Kingsley Nwezeh
9 April 2002
Abuja, Ibadan And Enugu — Commission says no new parties without Electoral Act, okays old voters' register for council polls
Following the decision of the 36 State Independent Electoral Commissions (SIEC) to conduct local government elections across the country on May 18, the House of Representatives has warned against any move that would scheme out new political associations from participating in the exercise.
Consequently, the House would want the Independent National Electoral Commission (INEC) not to use the delay in the passing of a new electoral bill as an excuse for preventing the new associations from fielding candidates for the May 18 polls.
Rather, the House in a statement signed by its chairman committee on information, Mr Chijioke Edoga, called on INEC to invoke its powers under Section 222 of the 1999 Constitution in registering new parties for the purpose of the elections.
However, in a swift reaction yesterday, INEC said it would not register any political association without clear details from the Electoral Act.
Edeoga said the constitution gave enough powers to INEC to register new parties even without waiting for the provisions of an Electoral Act.
Section 222 which stipulates the condition an association must fulfill before functioning as a political party states that such association shall ensure that
(a) the names and addresses of its national officers are registered with the Independent National Electoral Commission;
(b) the membership of the association is open to every citizen of Nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping;
(c) a copy of its constitution is registered in the principal office of the INEC in such form as may be prescribed by the INEC;
(d) any alteration in its registered constitution is also registered in the principal office of the INEC within 30 days of making of such alteration;
(e) the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical area of Nigeria."
The House statement Edeoga signed explained that these constitutional provisions are elaborate enough to allow INEC determine which of the political associations is qualified to field candidates for next month's council polls.
"The judgment of the Supreme Court on the Electoral Act makes it clear that the provisions of the constitution requires no elaboration or enabling law to implement them," the House said, while urging government agencies assigned duties in the electoral process not to delay the performance of such duties.
The statement is a reaction to questions being raised in political circles as to whether in the absence of the Electoral Act which should stipulate the criteria for party registration, the new political associations would be left out of the council polls.
The House said the impact of the constitutional provision showed that "INEC has a duty to register any political association that meets the constitutional requirements. The constitution even grants INEC the power to prescribe the form in which the constitution of the association will be registered."
The statement further said, "INEC can no longer claim that there is no law under which to register new political parties. This is because Section 222 of the 1999 Constitution has provided the conditions under which new political parties should be registered with INEC. INEC is under obligation to register new parties."
Also, the House said Section 74 of the Elctoral Act which had been voided by the Supreme Court judgment provides that a political party is deemed to have been registered 30 days after submitting its documents for the purpose of registration by the INEC.
"By this provision, the National Democratic Party (NDP) which submitted its documents to INEC for registration long time ago is deemed to have been registered as a political party and can therefore operate as such under Section 221 of the 1999 Constitution," the statement said.
According to the statement, "the issue of registration of new political parties is crucial to the growth of democracy in this country. It is only by registering new political parties that Nigerians can be given a wider choice in the elections of who should represent them at all level. It is no secret that the three political parties do not represent all shades of political opinions in the country."
Edeoga said in the statement that the three registered political parties were forced on Nigerians by the military, adding that, "Now that we are free to form political associations, it is important to register more political associations before any election."
INEC in a statement signed by its national commissioner for Information, Mr Sam. K. Obipo said that the commission will not register any political association without clear details from Electoral Act.
Obipo said there is no way new political parties will be registered without details and specification as confirmed in the Electoral Act.
He also said that INEC will release the old voters' register for May 18 council elections.
The commissioner who said that INEC has no alternative than to release the old voters' register for the conduct of the May 18 council polls explained that the commission is yet to conduct a fresh voters' register.
The last voters' registration exercise was done in 1998.
Section 80 (1) of the voided Electoral Act which dealt with registration of new parties had generated the controversy which led to the repeal of the law before it could be used.
The joint session of the National Assembly had agreed that any association which is able to fill candidates for 15 per cent of the posts available in a council election up to state assembly election in two-thirds of the states (24 states) spread across all the geo-political zones of the country shall be qualified for election.
The provision was, however, changed when the bill was presented to the President for his assent to reflect the desire of the caucus of the ruling Peoples Democratic Party (PDP) which wants the associations to win 45 per cent of the available posts in 24 states of the federation before they could be qualified for registration.
The manner of amending Clause 80 of the Electoral Act in a closed arrangement between the assembly committee and the President without resorting to the whole body of lawmakers led to criticisms of the Act which was declared illegal.
The criticisms raised by leaders of new political associations, human rights groups, the press and other observers led to the decision of both chambers of the National Assembly to repeat the Act.
A new Electoral Act being debated on the floors of the two legislative Houses has reachd a stage where a joint sitting of the federal legislature is about to hold to harmonise their positions on the law.
Meanwhile, the chairman of the Senate committee on States and local government administration, Senator Tunde Ogbeha yesterday declared that it would be illegal and unconstitutional to conduct local government elections without reviewing the voters register.
In the same vein, the NDP yesterday said the date was not feasible just as it queried the constitutional powers of the ruling party to fix dates for council polls.
Ogbeha, while delivering a lecture entitled, "local government in true federalism" organised by the department of history of the University of Ibadan argued that conducting the council election by the state governors on May 18, 2002, "portends grave danger to the survival of the nation's young democracy."
The senator disclosed that the sate governors were desperate to conduct the elections "in order to install their stoogies in the councils so that their seecond term in office would be assured.'
Ogbeha said that the structures on the gorund could not support a free and fair elections on May 18, 2002 stressing that most SIEC were ill-equipped and ill-prepared to conduct any election "but they were being pushed by the governors and I can tell you that the election would not be free and fair."
Ogbeha emphasised that state governors are now perfecting strategies to rig the elections in order to perpetuate themselves in power, adding "if the election eventually holds, it would be punctuated with fraud."
Defending the decision of the National Assembly to extend the tenure of the local government chairmen, he said the intention "was to give enough room for the updating of the voters' register."
He said the position of the constitution is that before another general election can take place, "the voters' register must be updated in order not to deny millions of Nigerians their right to choose their leaders."
In a chat with THISDAY, the administrative secretary of NDP, Architect Baba Isimi, said the May 18 date was a ploy by "selfish individuals to subvert the electoral process," adding that the nation was "too big to be imposed such a date" without the input of the generality of Nigerians.
"There are a number of options that are on the ground. We have our own beliefs and I can tell you that there will be no elections. It does not make any sense, it is stupid and anybody who goes ahead with that we wish him the best of luck.
"They will still come back to rescind the election even after the election has been conducted. I can tell you that as sure as the sun will rise. Even if they hold the election on the 18th based on their greed, selfishness and intent to destroy Nigeria, God will not allow them to destroy this country," he prayed.
Isimi said that even if the elections are held on May 18, the election will be canceled. "The election will be held at a date that will be to the best interest of Nigerians", he said.
On the registration of the party before the conduct of elections, he said recent correspondences between the party and INEC was indicative of the fact that the party would be registered.
But chairman of Siec in Imo State, Barrister Ogwuegbu has said that his commission required about N200 million for the successful conduct of the local government election, adding that there was no going back on the May 18 election date.
Ogwuegbu who stated this yesterday in Owerri while briefing journalists on the activities of his commission for a free and fair elections in the state, said that modalities for the recruitment of 15,000 personnel from public servants and teachers to facilitate the elections have been concluded.
He dismissed the view being canvassed for the compilation of fresh voters' register arguing that the existing one was still valid and would expire after a duration of five years.
Stating that his commission was committed to ensuring conduct of free and fair elections in the state at all levels, he advised aspirants to any political post to resign their appointments within one month or stand disqualified.
On the security arrangement made by the ISIEC for the smooth conduct of the election, Ogwuegbu said that the 3,520 polling booths in the state would be monitored by men of the Nigeria Police, adding that there would be no room for malpractises.
He solicited the support of journalists and members of the public in ensuring that the election was free and fair stressing that there was no alternative to democracy.
He explained that his commission would soon meet with the chairmen of the various political parties to work out modalities for the campaign of interested candidates.
Ogwuegbu gave assurnace that ISIEC would be neutral in the conduct of all elections in the state.
Also, former leader of Enugu State House of Assembly, Prince Uchenna Igwesi, has asked the Federal Government to immediately release funds to INEC for the conduct of local government elections not later than May this year.
Igwesi predicated his position on the Supreme Court verdict which he warned that failure to stick to the date will amount to disrespect for the rule of law.
"Any attempt to forestall the election as ruled by the Supreme Court of Nigeria and as provided in the constitution of the country will be resisted by Nigerians. This will not only amount to disrespect of the rule of law but will pave way for crisis, which may truncate our nascent democracy," he warned.
The politician who represents Enugu North Urban Constituency advised President Obasanjo to assent to the revised electoral law as passed by the National Assembly, stating that the right thing was for concillors ad chairmen to have a three year term.
He counselled all state electoral commissions to make all necessary arrangements to ensure that elections into councils were held in May.
Igwesi said that any attempt to defer council elections "will put a question mark on the credibility of the Federal Government in ensuring the endurance and success of our hard earned democracy."
He congratuled the state governors and Houses of Assembly for being calm and resolute while the issue was contesed in court.
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